AGAINST A JUDGED

Dominion, Volume 4, Issue 1104, 18 April 1911, Page 5

AGAINST A JUDGED

LABOUR LEADERS AND MR. JUSTICE SIM.

HIS REMOVAL DESIRED. THE " STRIKE CLAUSE." (By Telegraph—Press Association.) Christchurch, April 17. "That the conference disagree with tin actions of Judge Sim, and recommend that he bo removed from his position"— was a remit from tho Auckland Trades and Labour Council, moved at to-day'a sitting of tho Trades aud Labour Council's Federation cf Labour Conference by Mr. 11. L. Horning (Auckland). Mr. Horning said that there was a largo number of reasons in support of tlio contention that llr. Justice Sim should bo removed. There was the addendum to the Waterside Workers' Award, some years ago. It was, a most unjust one, and was sufficient alono to remove him Since then he had added tho strike clause, which ho (tho speaker) considered was altogether wrong. Tho Judge ought not to bo allowed to nut strike clauses in awards. The employers told tho unions that they would give them the present award, and if they wanted any concessions, they would have lo go to the Court for them. It saemed evident that the employers had got hold of the Court Somehow, and that was so, not only onco, but in every case. Mr. H. J. Kemp (Auckland) sooraratoJ.' tho motion. Court's Powers Questioned. ' Mr. G. R. Whiting (Canterbury) moved as an amendment:— That tho executive of this federation make representations to the Government by way of a strong protest against recent decisions m industrial disputes by the President of ■ the Arbitration Court, Mr. Justice Sim. Tho mover said ho felt that the remit on tho agenda paper, if carried, would not have the cll'cct the movers thought it would have. If the amendment were agreed to, it would give the executive tiiuo to oonsider tho decisions given, and h&ve them tested. He questioned whether the Court had power to make the strike clause. If it did possess that power, it was time that its powers were restricted.. A lengthy discussion on the {natter, would not help them. Mr. W. Bato (Watersido Workers) conded the amendment. Worker "Placcd Beneath the Criminal." u T ' (Wellington) admitted that the amendment was better than the remit. His council had considered the remit very hurriedly. Otherwise Jus instructions might havo been different. The position in regard to the Court was this: it a person committed an error, ho paid the penalty, but did not pay two penalties for tho one offence, but tho trades unionist who went on strike had two penalties imposed upon him. There was tho statutory penalty and there was tile Court's striko clause, depriving members of the union on strike of all tho benefits of the award. It was a unique position, and he submitted that tho Court, in inserting tho strike clause in awards, waa placing tho worker of New Zealand* biy neath tho common criminal, besides striking at the manliness aud unionistic principles of the workers. He questioned if ■the Court had jurisdiction to insert such a clause, and he believed that the clatise could bo successfully '• challenged. Ho 'ventured tho opinion that, if ever tho Court attempted to impose tho clanso on a certain organisation', it would immediately challenge the Court's .jurisdiction, tho restrictions placed on unions in' recent awards, such as those in tho Farm' Labourers, Shearers, and the Woolshed Hands hid been imposed out of pure and coldblooded cussedness.*,;. Striking Out the Strike Clause. Mr. Laracv (Canterbury) contended that an injury done to one union should to considered as an injury to all, and- if a weak uuion had been hit by the strike clause, they had overlooked their duty in not assisting it. Mr. D. M'Larcn, M.P. (Wellington), pointed out that the farm laboured got financial and other support from tho unions >throughout the .Dominion. When .the striko clause was first inserted in an award he took legal opinion, and one of tho best jurists in the Dominion expressed the opinion that it was ultra Virbsi but added that the "Legislature li'ud'' set. up a Court which could only be questioned by itself. In view' of this, ho instructed his union to strike out tho strike, clause, and to print its award without it. Tho federation would be doing tha. right thing to get a declaratory judgment on the question of the Court's jurisdic* lion in respect to tho strike clause, and it should also make representations that] Ihe Court must absolutely be put in its ' own place, and the President given to understand that his function was to settle industrial disputes, and not to legislate for the country.

Alleged Inconsistent Decisions. Mr. R. Brcon (Otago) said he was satisfied in his own mind that from Auckland to the Bluff there was general dissatisfaction with tho decisions of Mr, Justice Sim. He referred to the .instances, of alleged inconsistent decisions forwarded'by. , the Otago Council to the Minister, and added that the representations of tho executive of tho federation would back up tho Otago Council's representations. There was necessity for tho introduction; of drastic legislation to prevent tho recurrence of such inconsistencies. If the federation concentrated its energy oil tho political aspect of affairs, it would havo proper representation on tho Court. If it had a party in the House, it would' have the right judges aud fair decisions.Mr. E. J. Howanl (Canterbury) twitted several members with having changed (heir views regarding Mr. Justice Sim since 1908. Discussion Not Elevating. Mr. E. J. Carey (Wellington) said that tho discussion had not boeii elevating. They had been blaming Mr.Justico Sim, but if they had been straightforward they would havo blamed themselves. Tho fault was their own, and the Legislature's. Lot them look at the Arbitration Act, and they would see that it gave the President wonderful powers. It was' necessary that those powers should be circumscribed,'and when a union went to the court for an. award, it should be made 011 certain principles, such as a living wage, the increasing price of commodities, and tho. legislation already in operation. No judgo of the court had given satisfaction, and 011 tho removal of each judge they had got a worso one.

"Ono of tho Ablest' Jurists." Tho chnirmau (Mr. M. J. Reardon, Wellington), said ho had been twitted regarding his remark, in 1908, that Mr. Justice Sim was one of tho ablest jurists in tho Dominion, nnd be still held that opinion in respect to the subject that was under discussion at that time, tho question whether compensation cases should be heard by a jury. Mr. Carey: "He has given general sat* isfaction in compensation cases." Continuing, Mr. lkardon said that ho did not intend to apologise for his instructions from the Wellington Council. If it could be established (and he thought it could) that the judge was not impartial, there was nothing else to -do but applv for his removal. What had mado the law a by-word in America? Was it not that judges had been "got at"? Ho did not say that the judgo of the Arbitra-tion-Court had been "got at," but ho thought it could be established that his. judgments were not impartial. Tho workers did not believe that ho was impartial, and whilst lie remained on tho bench it was almost impossible for thorn to expect the workers of New Zeala!u.| to ba satislied. The amendment was agreed to, Messrs. Horning, Kemp, and Covey only voting against it.